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1957 June Council Proceedings~" I ~, 19$ Regular Session, May 6, 1957 ceived and made a matter of rec- ord, Seconded by Mr. Ray F. Kolb, Carried by the following vote: Yeas -Chairman Charles E. Dove, Messrs. Charles A, Kintzing- er, Ray F. Kolb, Leo N, Schueller, Clarence P. Welu. Nays-None. Absent-Dr. A, J. Entringer. IOWA STATE DEPARTMENT OF HEALTH Public Health Engineering Paul J. Houser, M.S. April 15, 1957 Mr. C. H, Reckord Pbeckord Texaco Trailer Park 2323 Central Avenue Dubuque, Iowa Dear Mr. Reckord: Upon reviewing the information furnished on the inspection re- port dated April 9, 1957, yom~ ap- plication for renewal of license to operate a mobile home park has been approved. Arrangements have been made with the Division of Licensure to issue a license to you for the calendar year 1957. Copies of the application for re- newal of license and of the in- spection report forms are enclosed for your records. Very truly yours, DNISION OF PUBLIC HEALTH ENGINEERING Carl H. Moline Sanitarian Mr, Clarence P. Welu moved ',that the communication be re- ceived and made a matter of rec- ord. Seconded by Mr. Ray F. Kolb. Carried by the following vote; Yeas -Chairman Charles E, Dove, Messrs, Charles A. Kintzing• er, Ray F, Kolb, Leo N. Schueller, Clarence P. Welu. Nays-None, Absent-Dr. A. J. Entringer. IOWA STATE DEPARTMENT OF HEALTH Public Health Engineering Paul J, Houser, M,S. April 15, 1957 Mr, Frank C. Wieland Wieland Mobile Park 3198 Central Avenue Dubuque, Iowa Dear Mr, Wieland: Upon reviewing the information furnished an the inspection re- port dated April 9, 1957, your ap- plication for renewal of license to operate a mobile home park has been approved. Arrangements have been made with the Division of Licensure to issue a license to you for the calendar year 1957. Copies of the application for re- newal of license and of the inspec- tion report forms are enclosed for your records. Very truly yours, DIVISION OF PUBLIC HEALTH. ENGINEERRG Carl H. Moline Sanitarian Mr, Ray F. Kolb moved that the communication be received and made a matter of record, Second- ed by Mr, Clarence P. Welu. Car- ried by the following vote: Yeas -Chairman Charles E. Dove, Messrs, Charles A. Kintzing- er, Ray F. Kolb, Leo N. Schueller, Clarence P, Welu. Nays-None, Absent-Dr. A. J. Entringer. There being no further business Mr. Clarence P, Welu moved that the Board of Health meeting ad- journ, Seconded by Mr. Ray F. Kolb. Carried by the fallowing vote: Yeas -Chairman Charles E. Dove, Messrs. Charles A, Kintzing~ er, Ray F. Kolb, Leo N. Schueller,.. Clarence P. Welu. Nays-None. Absent-Dr. A, J. Entringer.. LEO F. FROMMELT, Clerk Board of Health Approved ..............................1957. Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1957. Members of Board .......................... . .c .. of Health Attest :.............................................. Clerk, Board of Health T ~' Regular Session, June 3, 1957 199 (OFFICIAL) Regular Session, June 3, 1957.' Council met at 7:30 P.M, Present-Mayor Dove, Council- men Kintzinger, Kolb, Schueller, Welu, City Manager Schiltz. Mayor Dave stated that this is the regular monthly' meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting, May 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Thomas Welsh requesting a water connection for a residence located on Garnet Street was referred to the City Manager far investigation and re- port. I have investigated the possibil- ity of allowing this water connec- tion and find that we have ample capacity for this connection. In the future it may be necessary for the City to construct a water main in this street and if the present policy is carried out the cost of installation will be assessed against the adjoining property owners. In order to avoid any misunder- standing at such time, I recom- mend that Mr, Welsh be required to pay the $2.00 per front foot assessment charge before he is al• lowed to connect to the water main on Jackson Street, I recommend therefore that Mr. Welsh be given permission to con- nect to the water main on Jackson Street provided the $2.00 per front foot is paid and the work is done in accordance with regulations of the City Water Department. Respectfully submitted, L, J, Schiltz City Manager Councilman Welu moved that the recommendation of the City Manager be approved, Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of John N. Schuster requesting the opening of the al- ley from Meadow Lane to Stetmore Street between St, Joseph and Marion Streets was referred to the City Council to view the grounds. Upon viewing the grounds, it. was the decision of the Council that it would not be in the best interests of the public to open this alley, All of the property owners along both streets that would be served by this alley have access to their garages from the street. It is recommended that the deci- sion of the Council in denying this petition be made a matter of rec- ord, Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None, May 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Frank J. Schu- macher and others requesting the opening and grading of a platted alley between Fairway Drive and Sunnyview Drive from Bunker Hill Street to St. Ambrose Street was referred to the City Council to view the grounds. Upon viewing the grounds it was determined by the City Coun- cil that it would be impractical to open this alley to properly serve the petitioners without damaging the property on the opposite side of the alley. It is recommended that the de- cision of the Council in denying the petition be made a matter of record. Respectfully submitted, L. J. SCHILTZ, City Manager 200 Regular session, June 3, 1957 Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am attaching a letter addressed to me from Mr, Spurrier of the North Central Public Service Com- pany along with their report of operations during 1956. This report shows a very good increase in revenue over 1955, and I recommend that after a study is made of this report by the City Council, a conference be held with the officials of North Central Pub- lic Service Company to discuss the possibility of a revision in Schedule I of the gas rates. Very truly yours, L. J, SCHILTZ, City Manager Councilman Welu moved that the report and letter be referred to the City Council for study at which time the Gas Company of- ficials should be advised of same. Seconded by Councilman Kalb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu, Nays-None. May 20, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasur• er, City Health Department and the City Water Works for the month of April, as well as a list of claims and list of payrolls for which warrants were issued for the month of April, 1957. Respectfully submitted, L. J. SCHILTZ; City Manager Councilman Kolb moved that the reports be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Proof of Publication, certified to by the Publisher, of Statement of Receipts and expenditures, togeth- er with a list of claims for which warrants were drawn during the month of April, 1957, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, May 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of J. L, Hall and a group of merchants in the 1800 block of Central Avenue request- ing aconsideration for bettering parking conditions was referred to the City Manager far investigation and report. I have had the conditions in this block checked during several times and find that there is a fairly good turnover of cars throughout the day. When the motorcycle officers check their block for over parking there will be one or two cars tagged each day in this block which indicates that conditions in this block on Central Avenue are better than in most other blocks in the business district. It is however, recommended that the south side of 18th Street from the alley to Central for one-half block be posted as restricted to two hour parking. L. J. SCHILTZ, Respectfully submitted, City Manager Councilman Kolb moved that the recommendation of the City Man- ager be approved and that proper proceedings be prepared. Seconded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 31, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Under Section 4 of Ordinance 35.57, the City Council may ap• prove the connection to the city Regular Session, June 3, 1957 201 sewer system of properties located outside the city limits and estab- lish terms and conditions of said connections. There are several properties now connected to the city sewer system upon which rates for sewage should be established. Under the ordinance the rates are established for property within the city limits, however, there are no provisions for sewer rentals outside the city except as set out in the ordinance and those to be established by the Council. Water rates for users outside the city are 25% more than those in- side the city, however, the Water Department is self-supporting and not tax supported. Sewers are in some cases put in by assessment against the benefited property such as in new subdivisions or new streets, however, main sewers and the maintenance of sanitary sew- ers are supported by city taxes. It is therefore right to expect those connecting to the city sewers from outside the city limits to pay their share of this maintenance cost in addition to the cost of treatment facilities through a sewer rental charge in excess of city properties. In my opinion I believe a charge of 150% of the charges within the city would be proper, This opinion is based on like charges within other cities and also on the equitable charge to serve those properties outside the city. I recommend therefore that those properties outside the city limits now connected. to the city sewer system be charged a sewer rental of 150% of that charged for sewer rental within the city limits, Respectfully submitted, L, J, SCHILTZ, City Manager Mayor Dove moved that the rec- ommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 3, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: SIDEWALK Eugene Lange, Western Surety Co. William Kenkel, Universal Surety Co, Ben J, Kolfenbach, Western Surety Co. Kenneth W. Gaber, d/b/a Gaber Construction Co., American Sur- ety Co. Frank Farrell, Merchants Mutual Bonding Co. J, J. Ward, U.S. Fidelity & Guaran• ty Co. I{-M Construction Company, Amer- ican Casualty Co. HEATING Geisler Brothers, Standard Acci- dent Ins, Co. Alvin Anderson, Merchants Mutual Bonding Co. Holland Furnace Co., The Ohio Casualty Ins, Co. Jimmie W. Lundon, Standard Acci- dent Ins, Co. BLASTING Dallas Bush, State Automobile and Casualty Underwriters. TAXI-CAB Black & White, Yellow & Checker Cab Co., Inc., Fireman's Fund Indemnity Co. EXCAVATION A, Fondell & Sons, U,S. Fidelity & Guaranty Co. Kenneth W, Gaber, d/b/a K. W. Gaber .Construction Co., Ameri- can Surety Co, C, G, McDonnell, d/b/a McDonnell Excavating Service; Continental Casualty Ca. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Schueller moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove,. Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None.. ~~ ~~ 202 Regular Session, June 3, 1957 June 3, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am attaching herewith a sched- ule showing distribution of moneys collected as connecting charges to the Cherry-Green Sewer assessed under Special Assessment Fund Na. 990, I recommend that the money col- lected be distributed according to the schedule attached which is in proportion to the original assess- ments and are made to the persons who paid the assessments. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Schueller moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, welu. Nays-None. Lucille Poquette, Lot 14(1, Finley Add, ,,,,,,,,,,,,,,,,,,,,,,,, 11,42 Lucille Poquette, Lot 141, Finley Add ......................... 2623 Lucille, Poquette, Lot 142, Finley Add . ........................ 35,02 Bertha Staheli e~ al, Lot 143, NE 102' Finley Add. 2127 Bertha Staheli et al, Lot 144, NE 102', Finley Add. 2127 Bertha Staheli et al, Lot 145, NE 102', Finley Add. 2127 Ralph A. & I. E. Yager, Lot 143, SW 65'9" Finley Add. 13.71 Ralph A, & I. E. Yager, Lot 144, SW 65'9", Finley Add . .................................... 13.71 Ralph A, & I. E. Yager, Lot 145, SW 65'9", Finley Add . .................................... 13.71 Carl & Estelle Launspach, Lot 146, Finley Add....,.... 20.63 Matilda Faber, Lot 1, Faber Place .................................. 84.30 Interstate Power Co,, Lot 2, Faber Place ,,,,,,,,,,,,,,,,,,,,,, 20,63 Reuben H. & Irene Childers, Lot 1 of 182, Finley Add, 27.53 Reuben H. & Irene Childers, Lot 1 of 183, Finley Add, 27.53 Reuben H. & Irene Childers, Lot 1 of 184, Finley Add. 27.53 Matt J, & Hattie Kohn, Lot 2 of I82, Finley Add....,., 13.89 Matt J. & Hattie Kohn, Lot 2 of 183, Finley Add.....,. 14.16 Matt J. & Hattie Kohn, Lot 2 of 184, Finley Add, ,,..,. 14,41 Marg't & Rob't G, Steichen, Lot 185, Finley Add. ,,.,..,. 41,30 Marg't & Rob't G. Steichen, Lot 186, Finley Add. ,..,..,. 41,30 Marg't & Rob't G. Steichen, Lot 187, Finley Add. ,,.,.,.. 41,30 Clara E, Addyman, Lot 188, Finley Add ......................... 37,54 Clara E. Addyman, Lot 1$9, Finley Add ......................... 23.46 Louise Ellwanger, Lot 190, Finley Add . ........................ 53.50 James E. Beall, Lot 191, Finley Add ......................... 41.30 James E. Beall, Lot 192, Finley Add ......................... 41,30 Charles F, & Marjorie Son- nenberg, Lot 193, Finley Add . .................................... 41.30 Mettel Realty 8~ Inv. Ca., Lot 194, Finley Add....... 41,30 Francis & Wihna R. Barker, Lot 195, Finley Add. ,..... 41,30 Fred B. & Eliz. N. Maas, Lot 196, Finley Add . .............. 41.30 Rosemary & Leo F. Maas, Lot 197, Finley Add....... 41.30 Herbert & Bernadette Klauer, Lot 1 of 198, Fin- ley Add ............................. 1$.96 Susie Discher, Lot 2 of 198, Finley Add ......................... 22.33 Mabel K, Spensley, Lot 199, Finley Add ....................... 41,30 Clarence & Marg't Reuter, Lot 200, Finley Add. ,,..., 41.30 Herman & Marg't Wilming, Lot 201; Finley Add...,..,., 41.30 Oden & Bessie B. Brown, Lot 202, Finley Add. ,.,..,., 42.55 Al. J. Oakley, Lot 203, Fin- ley Add ............................. 42.55 Edgar G, & Kathleen Dyke- man, Lot 204, Finley Add. 42.55 Bertha D. Spensley, Lot 205, Finley Add ....................... 42.55 Glen C. & Anna L, Johnson, Lot 206, Finley Add. ,.,,..., 42.55 Harold T, Winders, Lot 207, E, 52', Finley Add ............. 32.54 Harold T, Winders, Lot 207, W.8'-W.16', Finley Add..,.. 5.01 Harold T, Winders, Lot 207, E.8'-W,16', Finley Add..... 5.01 Harold T. Winders, Lot 2 of 208, Finley Add . .............. 35,74 Herbert F. & Adele K, Heitz- man, Lot 1 of 208, Finley Add . .................................... 25.89 T Regular Session, June 3, 1957 203 Oliver & Sophia S. Schiltz, Lot 1 of 210, Finley Add. 18,14 Raymond J. & Mary M. Schroeder, Lot 2 of 210, Finley Add . ........................ 18,14 Nicholas 0, Wagner, Lot 211, Finley Add,,,,,,,,,,,,,,, 3628 Leo Foell, Lot 212, Finley Add . .................................... 36,28 Wm, H. & Mildred Haver- land, Lot 213, Finley Add. 3628 Geo. W. & Selma Kaune, Lot 214, Finley Add. ,,,,,, 3628 Rob't E. Mueller & Dorothy Kunlow, Lat 215, Finley Add . ...............................,.... 36.28 Rob't E. Mueller & Dorothy Kunlow, Lot 2 of 216, Fin• ley Add ............................... 3.37 Edwin J. & Edna Mueller, Lot 1 of 216, Finley Add. 32,91 Agnes Reinicke Est., Lot 217, Finley Add ............... 36.29 John J. & Martha C, Wid- meir, Lot 218, N. 98', Fin• ley Add . .............................. 17.90 John J, & Martha C, Wid• meir, Lot 218, S. 100', Fin- ley Add . .............................. 18,33 Floyd & Marie M, Kuntz, Lot 2 of 219, Finley Add, 20,44 Glen & Cecelia Ellis, Lat 1 of 219, Finley Add. ,...,,..., 20,86 Salina Akins, Lot 220, Fin- ley Add ............................. 41.30 Emil J. Meyer, Lot 221, Fin- ley Add ............................. 41.30 Julia A. Lehner, Lot 224 NW 100', Finley Add...,.,. 20.86 Edwin E. & Helen M, Tow, Lot 225 N, 60', Finley Add . .................................... 9,85 Edwin E. & Helen M. Tow, Lot 226, N, 60', Finley Add . .................................... 9.85 Edwin E. & Helen M. Tow, Lot 227, N. 60', Finley Add . .................................... 9,85 1,938,64 Comunication of Art Tranel, City Clerk of East Dubuque, submitting a request by the Mayor and Coun- cilmen of the City of East Dubuque to join with them in a mutual aid Fire Protection Plan, presented and read, Councilman Welu moved that the rules be suspended to allow anyone present to address the Council if they so desire, Second- ed by Councilman Kintzinger, Car- ried by the fallowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Mr, R. Heller, representing a group of the official family of the City of East Dubuque, addressed the Council stating that the mutual aid fire protection plan between the two cities has been discussed on several occasions, and felt that if the plan could be worked out it would be of great help to both communities. Councilman Welu moved that the petition and letter from East Dubuque be referred to the City Manager and Fire Chief for investigation and report. Sec- onded by Councilman Kolb. Car- ried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Communication of the Interna- tional City Manager's Association extending an invitation to the City to be represented by the Manager at the 43rd Annual Conference of the City Manager's Association to be held at Washington D, C. Octo- ber 20 to 24th, 1957, presented and read, Councilman Welu moved that the Manager make himself avail- able to attend at the City's ex- pense, Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Carl B. Haught, submitting a total of $664.68 plus the cost of the water and sewer connections on Lots 3, 4 and 5 of Kringle's Subdivision, presented and read. Councilman Kolb moved that the communica- tion be referred to the Council to view the grounds, Seconded by Councilman Schueller, Carried by the following vote: - Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Notice of renewal of Govern- ment Lease NOY (R) 40838 with the City far the period of one year from July 1, 1957 covering use of .85 acre site in Ham's Addition, for a U. S. Naval Reserve Training Center, presented and read. Coun- 204 Regular Session, June 3, 1957 Gilman Kolb moved that the notice be received and filed. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 15, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Referring to petition of Albert Wharton acting for Miss Flora Har- kett et, al, attached hereto, the Planning and Zoning Commission after a careful study of the site respectfully recommends the grant- ing of said petition by Your Hon- orable Body. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy. Councilman Kolb moved that the recommendation of the Planning & Zoning Commission be approved and that proper proceedings be prepared, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, CouncIlmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition to remonstrate by J, W. Lundin et al objecting to the vaca- tion of an zlley running in a north- erly direction to Highway No. 20, said alley being located in about the middle of the north side of Marion street across from the homes of the petitioners, presented and read, Councilman Schueller moved that the petition be referred to the Planning & Zoning Commission for review. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, May 15, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Dubuque Planning & Zoning Commission respectfully recom- mends to Your Honorable Body, the granting of petition of Herbert E, Dilworth asking for vacation of short alley xup~in~ northerly from Marion St, toward Highway No. 20 between his Lot No. 37 in Bah- cock's Subdivision and State High• way property directly west, It appears that the alley serves no purpose, as the prospects for need of an alley running from Marion St. to an important artery like Federal No. 20 Highway in this location are nil, and as the State Highway Department will derive the westerly half of same upon vacation, the Commission believes it is in the public interest for the City to dispose of it at a price, Respectfully submitted, Dubuque Planning & Zoning Commission, By Richard V, McKay, Secy. Councilman Schueller moved that the communication be re- ferred back to the Planning & Zon- ing Commission for review. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition to Remonstrate filed by J, W, Lundin et al stating objec- tions to the building of homes by Mr. Herbert Dilworth on several properties located on the souther- ly side of Marion street, westerly from Concord street to Cherokee Drive, and further objecting to having homes squeezed on to lots that do not make proper balance as to the houses built on the south- erly side of Marion street, present. ed and read. Mayor Dave moved that the petition be referred back to the Board of Adjustment and that they review it, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Mr. Harvey Pier addressed the Council stating that adjustments in the area could still be made, J. W. Lundin addressed the Coun• Gil stating that the Code should have been adhered to requiring 6000 square feet per lot, with no less than 50 feet frontage. He fur- ther stated that by allowing these homes to be built the territory around them is being depreciated in value. Mr. Herb, Dilworth ad- dressed the Council stating that the footings are already in fox T regular Session, June 3, 197 205 two of the homes and gas connec- tions made for all five lots, and that he proposed to build five at- tractive homes on these lots. June 1, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1954, the Civil Service Commission conduct- ed an entrance examination on April 11, 1957, far those seeking positions on the Fire Department. The following are the names of those who passed bath the written and physical examination and their names are hereby certified for ap- pointments on the Fire Depart- ment. Robert A. Mehrl, 973/5% John Bernard McCoy, 92,8% Ronald T. Kann, 90 4/5% John J. Deckert, 891/5% Patrick E, Finn, 79 3/5% Floyd D. Knuppe, 711/5% Respectfully submitted, LOUIS J. LAGEN Chairman J. A, CAREW E. B. LYONS Members, Civil Service Commission Attest: LEO F. FROMMELT, Clerk Subscribed and sworn to before me, a Notary Public, this 1st day of June, 1957. GERALDINE L. JENNI Notary Public (SEAL) Councilman Schueller moved that the communication be made a matter of record, Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 1, 1957 ~ionorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1954, the Civil Service Commission con- ducted an entrance examination on April 11, 1957, far those seek- ing positions on the Police Depart- ment. The following are the names of those who passed both the written and physical examination and their names are hereby certified for ap- pointments on the Police Depart- ment. Robert R, Massey, 931/5% Carl Milton Heer, 92.4% Harold W, Redmond, 90 3/5% Eugene R, Glaser, 90 2/5% C. J, Golinvoux, 884/5% William J. Schneider, 844/5% William J. Heri, 74.4% Respectfully submitted, LOUIS J. LAGEN Chairman J. A, CAREW E. B, LYONS Members, Civil Service Commission Attest; LEO F, FROMMELT, Clerk. Subscribed and sworn to before me, a Notary Public, this 1st day of June 1957, (SEAL) GERALDINE L, JENNI Notary Public Councilman Kintzinger moved that the communication be made a matter of record. Seconded by ', Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, June 1, 1957 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: In accordance with the provi• sions of Chapter 365 of the Code of Iowa, 1954, the Civil Service Commission conducted promotion- al examinations on April 25, 1957 for those seeking promotions on the Fire Department for the posi- tions Captains, Engineers and Lieu• tenants, The following are the names of those who passed with an average of seventy per-cent or better. All promotions on the Fire Department should be made from this list, CAPYAINS Leo J. Chambers, 96% Edward L. Gerhard, 92 4/5% Donald F. Brus, 893/5% Leroy J, Hantelman, 88% William J. Lynch, 77 3/5% Richard F. Kaiser, 76% ENGINEERS Joseph L, Melssen, 71% ~- ~, ~ ~ , 206 Regular Session, June 3, 1957 LIEUTENANTS John P. Kemps, 88% Edward J. Weber, 831/5% Ebner V. Meissen, 82 2/5% John Pregler, 82 2/5% Donald J. Weidenbacher, 82 2/5% Francis L. McDermott, 813/5% William F. Badger, 80 4/5% John F, Doyle, 791/5% John J. Lepsch Jr., 791/5% William E. Cherrier, 78 2/5% Robert C. Boland, 77 3/5% Vincent J, Kolb, 76 4/5% William R, Purcell, 751/5% Paul J. Corbett, 742/5% Respectfully submitted, LOUIS J. LAGEN Chairman J, A. CAREW E. B. LYONS Members, Civil Service Commission Attest: LEO F. FROMMELT Clerk Subscribed and sworn to before me this 1st day of June, 1957. (SEAL) GERALDIlVE L. JENNI Notary Public Councilman Kolb moved that the communication be made a matter of record. Seconded by Councilman Kintzinger. Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 1, 1957 To the Honorable Mayor and Members of the City Council, Dubuque, Iowa Gentlemen: In accordance with the provision of Chapter 365 of the Code of Iowa, 1954, the Civil Service Com- mission conducted promotional ex- aminations on April 25, 1957 for those seeking promotions on the Police Department for the posi- tions of Captain and Sergeant or Detective, The following are the homes of those who passed with an average of seventy per-cent ar better. All promotions on the Police Depart- ment should be made from this list. Byrne A, O'Brien, S61/z% Russell S, Fullarton, 841/z% Robert J. O'Brien, 83% Darrell N. Kilby, 811/z% Charles J. Jenaman, 751/z% SERGEANT or DETECTIVE Harry M, Funk, 94z/z% Earl F, Haferbecker, 931/a % Navall T. Horch, 931/x% Ralph Cigrand, 92z/a% James C. Martin, 92% Johanningmeier Wm. L., 92% Clement R, Fleckenstein, 891/a% Paul R, Sutton, 891/x% Robert L, Haye, 88z/a% Gustave E, Fecker, 88% Milo J. Kettmann, 871/a% Carl W. VanderMeulen, 871/a % Leo W. Kueper, 86% John W. Linden, 80z/a% Respectfully submitted, LOUIS J. LAGEN Chairman J. A. CAREW E. B. LYONS Members, Civil Service. Commission Attest; LEO F. FROMMELT Clerk Subscribed and sworn to before me, a Notary Public, this 1st day of June, 1957. (SEAL) GERALDIlVE L. JENNI Notary Public Councilman Schueller moved that the communication be made a matter of record, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nayr None, May 9, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Mr, John R. Delaney, 3197 Wind- sor Avenue, for damages sustained January 31, 1957 in a fall at Ninth and Iowa Streets and can find no liability on the part of the City of Dubuque, and further find that the same is barred by the Statute of Limitations, and therefore rec- ommend that the claim be denied. Sincerely, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved. Second- ed by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, t i r Regular Session, June 3, 1957 207 May 9, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen; I have investigated the claim of Herbert F. Butters, 1170 Race Street, for damages sustained No- vember 26, 1956 in a fall at the intersection of Eighth Street and University avenue and can find no liability on the part of the City, and further find that the claim is barred by the Statute of Limita- tions. I therefore recommend that the claim be denied. Sincerely, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved, Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor .Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 10, 1957 Han. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Mr. Charles L. Coffey, 2050 Deb- orah Drive, for damages from sur- face water April 25, 1957, and can Find no liability on the part of the City and recommend that the claim be denied. Respctfully, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved, Second• ed by Councilman Schueller, Car- ried by the fallowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 10, 1957 Han. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Mr. Kenneth L. Henningsen, 2047 Deborah Drive, for damages from surface water April 25, 1957, and can find no liability on the part of the City and recommend that the claim be denied. Respectfully, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger,. Kolb, Schueller, Welu. Nays-None, May 10, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Mr. Melvin G, Matz, 2042 Deborah Drive, for damages resulting from surface water April 25, 1957 and can find no liability on the part of the City and recommend that the claim be denied. Respectfully, T. H, NELSON ,, Councilman Kintzinger moved that the recommendation of the City Solicitor be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, May 21, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I herewith hand you for your files one copy each of "judgment" and "Findings of Fact, Conclusions of Law and Order for Judgment" in George Vincent McMahan, Plaih- tiff vs. City of Dubuque, Iowa, De- fendant, Cause No. 761 Civil in United States .District Court for the Northern District of Iowa, East- ern Division, In his decision .the Court sus- tained your action in declining to rezone the property. Respectfully, T. H. NELSON Councilman Welu moved that the copies of judgment and Find- ings of Fact, Conclusions of Law and order for judgment, be re- ceived and filed, Seconded by Councilman Kalb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ~~ i '', 20~ Regular Session, June 3, 1957 May 31, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The claim of Henry Heyer for damages sustained February 1st, 1957 when he fell on the sidewalk located on the southwesterly side of Humboldt Street and fractured his right hip, has been referred to this office for investigation and report. After conferences on the matter, and investigation of the facts and circumstances, I have entered into a settlement, subject to your ap- proval, under which Mr. Heyer will accept six thousand dollars in full compensation for his injuries; Mr, Ralph Digman, the abutting prop- erty owner has agreed to contrib- ute $5500 thereof and the City tivill contribute $500. I recommend that this settle- ment be approved and the City Au- ditor instructed to issue a warrant payable to Henry Heyer and Fran- cis H, Becker, his attorney, in the amount of $500 and deliver the .same to this office for delivery to claimant upon receipt of properly executed releases. N:S Respectfully submitted, T. H, NELSON Councilman Schueller moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant, payable to Henry Heyer and Francis H. Becker, his attorney, in the amount of $500 and deliver the same upon receipt of properly executed releases. Seconded by Councilman Kintzinger. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. May 24, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen; I have investigated the claim of Mrs. Vivian Kieffer, 1720 Adair Street, for damages sustained when she broke her hand. in a fall on the ice at the intersection of Booth and Loras Streets, February 4, 1957, and have discussed the matter with claimant, Mrs. Kieffer has agreed to ac- cept $150.00 in full settlement of all claims. I recommend that this settle- ment be approved and the Auditor instructed to issue a warrant pay- able to Mrs. Vivian Kieffer, in the amount of $150.00 and deliver the same upon receipt of a properly executed release, Sincerely, T. H. NELSON Councilman Schueller moved that the recommendation of City Solicitor Nelson be approved and the Auditor instructed to draw a warrant, payable to Mrs. Vivian Kieffer, in the amount of $150 and deliver the same upon receipt of a properly executed release in fuII settlement of all claims. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Notice of claim of Geo, Ragatz Jr, in the amount of $30.16, for a consignment of gold fish that died in his aquarium the same day that the water department put water. softening chemicals into the Gity mains, presented and read, Councilman Welu moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Notice of claim of Mrs: Evelyn Moran, in an unnamed amount, for personal injuries received in a fall on a defective sidewalk in front of 1513 Central avenue on April 9, 1957, presented and read, Councilman Welu moved that the claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Schuel- ler. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Notice of claim of Mrs, Sadie Albert of 1812~/a Central avenue, in an unnamed amount, for per- sonal injuries received as the re- sult of a fall in the street at 18th and Central avenue, an April 2, Regular Session, June 3, 1957 209 1957, presented and read. Council- man Welu moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0.40.57 An Ordinance granting The Du- buque and Wisconsin Bridge Co. Permission to install treadles and Wiring for Toll Recorder, present- ed and read, Councilman Welu moved that the reading just had be considered the first reading of the Ordinance, Seconded by Coun- cilman Schueller. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the fallowing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE No. 90.57 An Ordinance Granting The Dubuque and Wisconsin Bridge Co. Permis- sion to Install Treadles and Wiring for Tall Recorder. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That The Dubuque and Wisconsin Bridge Co. be and it is hereby granted the right and authority to install and maintain treadles and wlring for automatic toll recorder in connection with its toll house in Rhomberg Avenue, in accordance with the plans now on file with the City Council, as prepared by A. A. Rhom- berg dated May, 1957. Section 2. That such construction shall be done under the supervision and direction of the City Manager, and in accordance with all applicable State and Federal laws and regula- tions and the Ordinances of the City of Dubuque; Section 3. That the right to con- struct and maintain the said treadles and wiring shall be subject to the continuous control of the City coun- cil, reserving the right to said City Council to impose restrictions and con- ditions on the enjoyment thereof as said City Council may deem necessary for the protection of the public inter- est, inchiding the right to revoke or rescind the grant herein made; Section 4. That permittee agrees by the acceptance of this Ordinance to restore the surface of the street wherever any excavation is done in connection with making such installa- tion, at its own expense; " Section 6. That as a further con- sideration of the rights and privileges herein granted The Dubuque and Wisconsin Bridge Co., its successors and assigns, assume any and all lia- bility for damages to persons or prop- erty which may result in the construc- tion or maintenance of said treadles and wiring. Said permittee, its suc- cessors and assigns, at its own ex- pense, agrees to pay, on behglf of the City of Dubuque, all sums which the City of Dubuque shall become obligat- ed to pay by reason of the liability imposed on the City of Dubuque for damages of any kind resulting from the construction and maintenance of said treadles and wiring, sustained by any person or persons, caused by accident or otherwise. Said permittee shall defend, at its own expense, and on behalf of said City, any claim against said City arising out of the installation or maintenance of said treadles or wiring; Section 6. Should the rights and privileges herein granted be rescind- ed or revoked permittee, its success- ors or assigns shall, within thirty days after receipt of written notice from the City Manager so to do, at its own expense, remove said treadles and wiring and in the event of its failure so to do the City of Dubuque shall be authorized to remove the same at permittee's expense and the per- mittee shall have no claim against said City or its agents for damages resulting Prom the removal of the same; Section 7. This Ordinance shall be- come effective and the rights here- under shall accrue to The Dubuque and Wisconsin Bridge Company when this Ordinance has been adopted b-y the City Council and accepted by the applicant by acceptance endorsed on this Ordinance. Passed, adopted and approved this 3rd day of Sune, A. D., 1957. CHARLES E. DOVE, Mayor CLARENCE P, WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: LEO F. FROMMELT, City Clerk Published officially in The Tele- graph-Herald Newspaper this 10th day of Sune, 1957. Leo F, Frommelt, lt. 6-10 City Clerk Acceptance of Ordinance No, 40-57 THE DUBUQUE AND WISCONSIN BRIDGE CO., having read and being familiar with the terms and conditions of Ordinance No. 40-57, hereby accepts the same and agrees to be bound by the conditions and agreements there- in contained to be performed by said THE DUBUQUE AND WISCONSIN BRIDGE CO. THE DUBUQUE AND WISCONSIN BRIDGE CO. By Harold E. Molo President By J. A. Rhomberg Secretary lt. 6-10 Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Schueller. Car• ried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Communication of Board of Dock Commissioners submitting Ordi• nonce regulating the use of the ua I i 210 Regular Session, June 3, 1957 water front and the operation of water craft, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0.41.57 An Ordinance Regulating the Uses of the Waterfront of the City of Dubuque, and the Harbors, Inlets, and Waters Adjacent there- to; Regulating the Operation of Water Craft on City Waters; and Providing a Penalty for Violation hereof, presented and read, Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun• Gilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor .Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, ORDINANCE NO, 41-57 An Ordinance Regulating the Uses of the Waterfront of the City of Dubuque, and the Harbors, Inlets, and Waters Adjacent thereto; Reg- ulating the Operation of Water Craft on City Waters; and Provid- ing aPenalty for Violation hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. No new structures or re- pairs upon or along the waterfront of the City of Dubuque shall be under- taken except upon application to the Dock Board and under permit by it, and in accordance with the general plans of the Dock Board and pursu- ant to specifications submitted to the Board and approved by it upon said application; Section 2. Al] water craft operat- ing in waters under the jurisdiction of the City of Dubuque shall conform to the following rules: a. Every operator of a motor boat shall at all times navigate the same in a careful and prudent manner and at such a rate of speed as not to endanger the lives or property of others; b. No owner, operator or person in command of any power boat shall operate the same, or permit it to be operated, at a speed in excess of eight (8) Statute miles per hour in any of the following are- . as; 1, Within one hundred feet (100') of any person in the water; 2. Within two hundred feet (200') of any tvay or landing float to which boats are made fast, or which is used for embark- ing or discharging passengers; 3: In the Ice Harbor, Pleasure Boat Harbor, and Seventh Street Harbor; c. No person shall anchor a boat for fishing or other purposes on any body of water under the juris- diction of the City of Dubuque in such a position as to dangerously obstruct access to public land- ings; d. Operators of boats and all types of water craft, when mooring the same, shall exercise reasonable precautions to make sure that the vessel or craft will not go adrift and that the action of the water will not cause it to injure or en- danger the property of others; Section 3. Logs, lumber, wood scraps, rope scraps, meta], glass or paper containers, derelict boats, oil, hay, garbage, sweepings and similar trash are hereby declared to he a nui- sance and it shall be unlawful for any person to throw or place in, or cause to be thrown or placed any of the above named articles, or human waste, in the Ice Harbor, Pleasure Boat Harbor, Seventh Street Harbor or Kerper Cut, or upon the shores thereof, in such a position that such articles or substances may be washed into such bodies of water. The pro- visions of this Section do not apply to a public dump regularly established by the authority of the City of Du- buque; Section 4. The Doclc Board is here- by authorized to lay off and designate boat landing areas along the munici- pally owned waterfront for pleasure craft, commercial vessels and public landings and to mark the public land- ings with suitable signs delineating their boundaries; .~ Section 5, Except at public landings and public docks no person shall moor or cause to be moored a vessel, float, boat house or other water craft along the waterfront of the City of Dubuque, without first obtaining permission from the Dock Board so to do and paying the required permit fees there- for; Section 0. All floats and boat hous- es moored along the waterfront of the City shall be maintained in a neat and orderly condition at all times, properly painted and securely moored; Section 7. No person shall conduct any trade or business in pleasure craft spaces without written permis- sion of the Dock Board; Section 8, The Dock Board may di- rect the removal and destruction of any sunken derelict or abandoned craft, float or boat house when, after investigation it shall determine that the same constitutes a nuisance. The owner of any such craft, float or boat house shall remove the same when di- rected so to do by the Dock Board and upon his failure so to do shall be guilty of a misdemeanor and punished as hereinafter provided; Section 9. The Dock Board of the City. of Dubuque is hereby authorized and empowered to establish No Park- ing areas on the property under its jurisdiction and when any such area shall be established by Dock Board Ordinance, and signs have been posted giving notice thereof, it shall there- after be unlawful for the owner or operator of any motor vehicle or boat trailer to park the same in such areas; I i I i 1 Regular Session, June 3, 1957 211 Section 10. Any person, firm or corporation found guilty of the viola- tion of any of the provisicna of this Ordinance shall be punished by a fine not exceeding one hundred dollars ($100) or be,imprisoned not exceeding thirty (30) days. Passed, adopted and approved this 3rd day of June, A, D, 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT, City Clerk Published officially in the Tele- graph Herald Newspaper this 7th day of June, 1957. LEO F. FROMMELT, City Clerk 1t, s-7 Councilman Welu moved the adoption of the Ordinance. Second• ed by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, DOCK BOARD ORDINANCE ND. 1.57 An Ordinance Regulating the Use of the Municipally Owned Waterfront, Establishing- Charges for the Use lhereof, and Repealing Dock Board Ordinance No. 2. Be It Ordained By The Doclc Board Of The City Of Dubuque, Iowa: Section 1. No new structures or re- pairs upon or along the waterfront of the City of Dubuque shall be un- dertaken except upon application to the llock Board and under permit by it, and in accordance with the genera] plans of the Dock Board and pursuant to specifications submitted to the Board and approved by it up- on said application; Section 2. The Dock Board Manager is hereby directed to lay off and dos. iguate boat landing areas along the municipally owned waterfront for pleasure craft, commercial vessels and public landings and to mark the public landings with suitable signs delineating- their boundaries; Section 3. Except at public landings, no person shall moor or cause to be moored a vessel, float, boat house or other water craft, along the water- front of the City of Dttbuque without first obtaining a permit to do so g firom the Doclt Board; ~~ Section 4. Mooring permits may be obtained from the Dock Board by making application therefor on forms provided by the Dock Board Manager and paying an annual permit fee as follows: a. For commercial space, $2,00 per linear foot per year; b. For pleasure craft space, $1.00 per Linear foot per year; Section 5. The Doclc Board may negotiate agreements for the use of portions oP the waterfront for periods longer than one year, at such rentals as the Dock Board may in its discre- tion deem compensatory; Section 6. Duck Buard Ordinance No. 2 is hereby repealed; Section 7. The Secretary is hereby directed to cause a certified copy of this Ordinance to be transmitted to the City Clerlt and to keep a copy of the same posted in a conspicuous place in the offices Of the Dock Board. Passed and adopted this 15th day of D4ay, 1957. A. Y, McDONALD President F. WAGNER FRED NEYENS Commissioners Attest: Fred Neyens Secretary Published officially in the Telegraph Herald Newspaper this 7th day of June, 1967. LEO F. FROMMELT City Clerk 1t G-7 CERTIFICATE Leo. F. Frommelt, Clerk of the City of Dubuque; The undersigned, President and Secretary, respectively, of the Board of Dock Commissioners of the City of Dubuque, do hereby certify that the foregoing Ordi- nance was duly passed, adopted and approved by members of said Board at a meeting held on May 15, 1957. You are therefore re- quested to cause said Ordinance to be published in a newspaper of general circulation in the City of Dubuque at least once, and there- after record said Ordinance in a book kept in your office for that purpose. After said .Ordinance is published have filed with this Board a certified copy of the pub- lisher containing proof of publica- tion. Dated this 15 day of May, 1957, A. Y. McDONALD President FRED NEYENS Secretary I hereby certify that I have re- ceived the above Certificate and Ordinance and had the Ordinance published as requested. LEO F. FROMMELT City Clerk Petition of Marvin H, Rehm et al requesting some kind of seal coat surfacing on Kelly's Lane, presented and read, Councilman Schueller moved that the petition be referred to the City Manager. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Dubuque Golf and Country Club, requesting permis- sion to have a supervised fire- works display on the evening of July 4, 1957, presented and read. Councilman Welu moved that the petition be granted, Seconded by ~- ~; F' 212 Regular Session, ~une 3, 1957 Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Mrs, Robert Kahle, requesting permission to excavate at 2214 Eagle street for the pur- pose of Gas intallation, presented and read. Councilman Kintzinger moved that the petition be granted in this particular case. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Maryland Casualty Company, requesting cancellation of sidewalk construction bond no. 92.175423 issued to Robert C. Ney- ens, presented and read. Council- man Schueller moved that the re- quest be granted providing there are no outstanding claims. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Farmer's Supply Company et al requesting one hour parking meters on White street within the block bordered by 9th street on the south, and 10th street on the north, and on 9th and 10th streets between Central and White streets, presented and read. Coun- cilman Kolb moved that the peti• tion be referred to the City Man- ager ,and Police Chief for investi- gation and report. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Petition of Dubuque Laundry & Dry Cleaners, requesting vacation of a portion of West Ninth street directly behind their place of busi- ness and to be deeded to them at a price agreeable to the City Coun- cil, presented and read. Council- man Kalb moved that the petition be referred to the Council to view the grounds. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Fischer Investment Company by the law firm of O'Con- nor, Thomas, McDermott & Wright, requesting the vacation of Sixth street commencing at the east line of Bell street and extending east- erly to the levee; the alley between Black I Booth's Addition and Block 32 Dubuque Harbor Improvement Company Addition; Tower street commencing on the south line of Sixth street and extending to the southerly line of alley referred to above, presented and read. Coun- cilman Kolb moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of O'Connor, Thomas, McDermott & Wright, in behalf of the Klauer-Julien Hotel Company, requesting a review of a former re- quest made in August 1954, re- questing achange in the north- south alternate truck route in the City to the end that the hotel would not be located directly on such truck route and further re- questing that the matter of allow ing the parking of large trucks and trailers behind the hotel for long periods of time be referred to the Traffic Division with instructions to obtain compliance with existing law, presented and read. Council- man Welu moved that the petition be referred to the City Manager and Police Chief for investigation and report. Seconded by Council- man Schueller. Carried by the fol• lowing vote: Yeas -Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu'. Nays-None. Petition of Leslie Furuseth re• questing a refund on a Roller Skat- ing Rink license, as he was only able to operate the rink for a peri- od of two days, presented and read, Councilman Kintzinger moved that the petition be received and filed, Seconded by Councilman Kolb. Carried by the fallowing vote:. Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of W, E, Strub et al, requesting that the name of Mon• 1 i regular Session, June 3, 1957 213 tans street be changed to Flora- view Drive, presented and read, Councilman Welu moved that ac- tion on the petition be deferred until such time the present im- pl'ovements under construction are completed and special assessments taken care of, at which future time the petition could ba re-submitted for proper consideration. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu, Nays-None. Petition of William T, Cannery, in behalf of Max Morris Blum, re- questing that parking be prohibit- ed on the west side of Sycamore street between East 15th and 16th streets, presented and read, Coun• Gilman Welu moved that the peti- tion be referred to the City Man- ager and Police Chief for investi- gation and report, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Clarence Strub et al requesting re-establishment of the grade on Woodlawn street from the manhole east of Lot 2 in Strub's Subdivision northerly to the end of Woodlawn, by reducing or cutting the grade in front of Lot 6 in Clarence Strub Subdivi- sion to the center of Lindale street and by raising the grade from the center of Lindale street to the northerly end of Woodlawn, pre- sented and read. Councilman Kint- zinger moved that the petition be referred to the City Manager and City Engineer for investigation and report. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Proof of publication, certified to by the Publisher, of Notice of Time and Place of Hearing on Proposal to Dispose of Real Estate to con• Sider proposal to dispose of Lot 12-A Wilson's Dubuque in the City of Dubuque, Iowa, (vacated Mills street), presented and read. Coun- cilman Sclueller moved that the proof of publication be received and filed. Seconded by Councilman Kolb, Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Sale of Real Estate of Lot 12-A Wil- son's Dubuque, in the City of Du- buque, Iowa, (vacated Mills street), presented and read. Councilman Kolb moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, No written objections were filed and no objectors were present in the Council Chamber at the time set for public hearing. Two sealed bids were opened and read, one submitted by Glenn Carris in the amount of $2250, and the otter by Eugene Miller in the amount of $2251. RESOLUTION N0. 96.57 Whereas, pursuant to Resolution and notice the City Council of the City of Dubuque met on the 3rd day of June, 1957 at 7:30 o'clock P.M. in the City Council Chambers in the City Aall to oonsider the proposal to dispose of the hereinafter described real estate, at which hearing all in- terested parties were afforded an opportunity to be heard for or against such proposal; and Whereas pursuant to published no- tice sealed bids for the purchase of said property were taken and were at said time and place presented to the City Council and opened and the highest sealed bid was determined to be that of Eugene Miller in the amount of $2,251.00 and it was there- upon determined that the bid of Eu- gene Miller in the amount oY $2,261.00 was the successful hid; New Therefore, Be It Resolved By The City Council Of The City Of Du- buque: Section 1. That the bid of Eugene Miller in the amount of $2,251.00, for the purchase of Lot 12A in Wilson's Dubuque in the City of Dubuque, Du- buque County, Iowa (vacated Mills .Street), Is hereby accepted and the Mayor and City Clerk are hereby authorized and empowered to execute the Quit Claim Deed of the City of Dubuque releasing and conveying to Eugene Miller all of its right, title and inter- est in and to the above described real estate and to deliver the same to the said Eugene Miller upon re- ceipt of $2,26r,00 in Dash; Scotian 2. That the City Clerk be and he is hereby authorized and di- rected to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa; F; I i i 214 Regular Session, June 3, 1957 Passed by recorded roll call vote and approved this 3rd day of June, A.D. 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER, Councilmen Attest; LEO F. FROMMELT, City Clerk Published officially in the Tele- graph-Herald newspaper this 11th day of July, 1457. LEO F. FROMMELT, City Clerk This is to certify that the payment of $2,251.00 from Eugene Miller has been received on the 9th day of July, 1957. I,EO F. FkOMMELT, lt. 7/11 City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the check of the unsuccessful bid- der be returned, Seconded by Councilman Kintzinger• Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, I{olb, Schueller, Welu, Nays-None. May 27, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise you that the eight (8") inch sanitary sewer in Rockdale Road-Fox Drive, and Blackhawk Drive has been com- pleted in accordance with the plans and specifications by the Thomas Flynn Coal Compat>,y, I, therefore, recommend that the improvement be accepted. Respectfully submitted, L. J. SCHIhTZ, City Manager Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved, Second- ed -by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. (A Resolution Accepting Improve, went and Directing the Clerk to Publish Notice.} CITY OF DUBUQUE RESOLUTION N0. 97.57 Whereas, the contract for the construction of the Rockdale Road, Fox Drive, and Blackhawk Drive Sanitary Sewer consisting of an eight (8) inch sanitary sewer be- ginning at Lot 2 of 2 of 1 of J. C. Scully Subdivision and Lot 2 of 2 of lof2oflaflaflafloflof 1 of 1 of 2 of the Subdivision of Mineral Lot 12, thence southerly paralleling Rockdale Road to Lot 1 of Glenview Subdivision, thence easterly through Lots 1, 2, 3, 4, and 5 of Glenview Subdivision to a point on Lot 5, thence beginning in Lot 21 of Glenview Subdivision northerly and easterly through Lots 5 to 21 inclusive of Glenview Subdivision to the previous point on Lot 5 of Glenview Subdivision, thence easterly to the existing man- hole on Lot 7 of the Subdivision of Lot 1 of Mineral Lot 3 bas been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and is hereby directed to prepare a plat and schedule show- ing the lots or parcels of real es- tate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Sewer bonds issued up- on the above described improve- ment in amount equal to the amount of his contract, less any re- tained percentage provided for therein, Passed, adopted and approved this 3rd day of June, 1957, Approved: CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; LEO F. FROMMELT, City Clerk ~' i f j i Regular Session, June 3, 1.957 215 Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0. 98.57 Whereas, the contract for the construction of the Rockdale Road, Fox Drive and Blackhawk Drive Sanitary Sewer consisting of an eight (8) inch sanitary sewer be- ginning at Lot 2 of 2 of 1 of J. C. Scully Subdivision and Lot 2 of 2 oflof2ofloflafloflofl of 1 of 1 of 2 of the Sudivision of Mineral Lot 12 thence southerly paralleling Rockdale Road to Lot 1 of Glenview Subdivision, thence easterly through Lots 1, 2, 3, 4 and 5 of Glenview Subdivision to a point on Lot 5, thence beginning in Lot 21 of Glenview Subdivision northerly and easterly through Lots 5 to 21 inclusive of Glenview Subdivision, thence easterly to the existing manhole located on Lot 7 of the Subdivision of Lot 1 of Min- eral Lot 3, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre, paring the assessment and plat, now therefore, Be It Resolved, by the City Coun• cil of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $21,029.50. That $21,029.50 of the cost there- of shall be assessable upon private property and $0 shall be paid from the -Fund of the City of Du- buque. Passed, adopted and approved this 3rd day of June, 1957. CHARLEB E. DOVE Mayor CLARENCE P. WELU RAY F• KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Property Owners of public hear- ing on proposed resolution of ne- cessity, estimate of cost and a plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within a district approved by the City Council, for the public im- provement of a cast iron water main in: Indiana Avenue from the east property line of Alpha avenue to the west property line of Missouri avenue. Montana street from the south property line of Wilbricht Road to the north property line of Merfeld Road. Pennsylvania avenue .from the east property line of Earl Drive, West to the City Limits Line, Wilbricht Road from the South property line of Asbury Road to the east property line of Sylvester Place, presented and read, Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. No written objections filed and no objectors present in the Council Chamber at the time set far public hearing. RESOLUTION N0. 82.57 Resolution of necessity for con- struction of (Short Title) the 1957 Water Main Project No. 1 also setting time and place of hearing and prescribing notice for (Short Title) the 1957 Water Main Project No. 1 consisting of a cast iron wa- ter main in Indiana Avenue from the east property line of Alpha avenue to the west property line of Missouri avenue, Montana street from the south property line of Wilbricht Road to the north property line of Merfeld Road. Pennsylvania avenue from the east property line of Earl Drive, west to the City Limits line. Wilbricht road from the south property line of Asbury Road to 21s Heg'ular Session, June 3, 197 the east property line of Sylvester Place, Whereas, proposed plans and specifications, plat and schedule have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing, among other, things the following: a. An estimated total cost of the work, b, The amount proposed to be assessed against each lot for the improvement for the construction of (description of improvement) the 1957 Water Main Project No. 1, Be It Therefore Resolved by the ', City Council of the City of Du- buque, Iowa: 1, That the City Council deems it advisable and necessary for the public welfare to make said im- provement. ', 2, Said improvement shall be constructed and done in accord- ance with said plans and specifica- tions and portion of the total cost of making said improvement shall be assessed against all privately awned property lying within the assessment district shown on such plat in an amount not to exceed the amount provided by law and in proportion to the' special bene- fits conferred thereby and the re- mainder of the total cast shall be paid out of the Water Works Gen- eral fund. 3. Bonds shall be issued and sold in anticipation of deferred pay- menu of assessments when acon- tract has been performed and ac- cepted and the. proceeds thereof used to pay the contractor. 4~, On the 3rd day of June, 1957 at 7:30' P.M, the City Council will meet in the City Council chambers in the City Hall, in the City of Du- buque, Iowa and hear property owners subject to the assessment and interested parties for and against the improvement, its cost, the assessment thereof, or the boundaries of the district. 5. The City Clerk is hereby au- thorized and directed to cause pub- '.. lic notice of the date, time and place of hearing to be given by publication once each week for two consecutive weeks the first of which publications shall be not less than' fifteen nor more than twenty five days prior to said hear- ing and by mailing a copy of said notice by ordinary mail to the own- ers of said property to be assessed, as shown liy the records in the of- fice of the County Auditor not less than fifteen days prior to said hearing.. All objections are hereby over- ruled and the foregoing resolution passed, adopted and approved as proposed, this 3rd day of June, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attesti: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu, Nays-None. RESOLUTION' N0. 99.51 Resolution Approving Detailed Plans, Specifications, Form of Con- tract and Notice to Bidders, and Directing Advertisemeht to Bid- ders. Whereas the City Council of the City of Dubuque, Iowa has hereto- fore adopted Resolution No, 82.57 being a Resolution of Necessity for the construction of a cast iron water main in Indiana Avenue from the East Property Line of Alpha Avenue to the West Prop- erty Line of Missouri Avenue. Mohtana Street from the South Property Line of Wilbricht Road to the North Property Line of Mer- feld Road. Pennsylvania Avenue from the East Property Line of Earl Drive, West to the City Limits Line. Wilbricht Road from the South Property Line of Asbury Road to the East Property Line of Sylvester Place, and Whereas the City Engineer has submitted and filed with the City Clerk detailed. plans and specifica- tions; form of contract and notice to bidders far said improvement; Now Therefore, Be It Resolved that said plans; specifications, form of contract, and' notice to bidders are hereby approved, and that the Regular Session, June 3, 1957 21'7 City Clerk is hereby authorized and directed to publish said no- tice to bidders, in the manner pro- vided by law, once each week for two consecutive weeks, the first of which .publications shall be not less than twelve (12) days before the date set in said notice for re- ceiving bids, and that each bid shall be accompanied by a certified check on an Iowa Bank for not less than $1800.00, Passed, adopted and approved this 3rd day of June, 1957. CHARLES E. DOVE. Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZIIQGER CouncIlmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the Publisher, of notice of pen- dency of resolution of necessity for Public improvements and hearing upon proposed plans and specifica- tions, form of contract and cost of improvements for the construc- tion of an eight (8) inch sanitary sewer beginning at the existing manhole at the intersection of Mar- mora Avenue and Pennsylvania avenue, thence westerly 51,53' on Pennsylvania avenue, thence north- erly through Flora Park to Lot 1 of Merfeld Place, thence northerly through Lot 1 of Merfeld Place to Morfeld Lane, thence easterly on Merfeld Lane to the easterly prop• erty line of the West ~/z of Lot 1 of 3 of Wilson Dubuque, thence 145' southerly from the intersec- tion of Montana street and Merfeld Lane, and thence northerly on Montana street from the intersec- tion of Montana street and Merfeld Lane to the southerly property line of Wilbricht Lane, and thence 200' westerly from the center line of Montana street through Lot 1 of 1 of Lot 8 and 9 of Wilson's Du- buque, presented and read. Coun- cilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Kalb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. No written objections filed and on objectors present in the Council Chamber at the time set for public hearing. (Necessity for Improvement) RESOLUTION N0. 86.57 Whereas, proposed plans, speci- fications, farm of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1, The boundaries of the district, if any, 2, The size and kind of sewers. 3, Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for -each different type of construction and kind of material to be used. 5, In each case the amount there- of which is estimated to be as- sessed against each lot, for the con- struction of an eight (8) inch san- itary sewer beginning at the exist- ing manhole at the intersection of Marmora and Pennsylvania Ave- nue, thence westerly 51.53' on Pennsylvania Avenue, t h e n c e northerly through Flora Park to Lot 1 of Merfeld Place, thence northerly through Lot 1 of Merfeld Place to Merfeld Lane, thence east- erly on Merfeld Lane to the easter• ly property line of the West ~Z of Lot 1 of 3 of Wilson Dubuque, thence 145" southerly from the in- tersection of Montana Street and Merfeld Lane, and thence north• erly on Montana Street from the intersection of Montana Street and Merfeld Lane to the southerly property line of Wilbricht Lane, and thence 200' westerly from the center line of Montana Street through Lot 1 of 1 of Lot 8 and 9 of Wilson's Dubuque. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and nec- essary for the public .welfare to 218 Regular Session, June 3, 1957 make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis• tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of May, 1957, The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 3rd day of June 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A, KINTZIlVGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution, Second• ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, (Decision of Council upon objec• tions to plans, specifications, form of contract and cost of im• provements). RESOLUTION N0. 100.57 Whereas, proposed plans and specifications and form of contract for the construction of an eight (8) inch sanitary sewer beginning at the existing manhole at the inter- section of Marmora Avenue and Pennsylvania Avenue, thence west erly 51.53' on Pennsylvania Ave- nue, thence northerly through Flora Park to Lot i of Merfeld Place, thence northerly through Lot 1 of Merfeld Place to Merfeld Lane, thence easterly on Merfeld Lane to the easterly property line of the West rh of Lot 1 of 3 of Wil- son Dubuque, thence 145' southerly from the intersection of Montana Street and Merfeld Lane, and thence northerly on Montana Street from the intersection of Montana Street and Merfeld Lane to the southerly property line of Wi1- bricht Lane, and thence 200' west- erly from the center line of Mon- tana Street through Lot 1.1 of 8 and 9 of Wilson's Dubuque, have been approved by the City Council of the City of Dubuque and pub• lic notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica• tions or contract for or cost of such improvements, said time being this 3rd day of June, 1957; and Whereas, the City Council met in regular session this 3rd day of June, 1957, at 7:30 o'clock P,M, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- Regular Session, June 3, 1957 219 tions, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and farm of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 3rd day of June, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, (Ordering Construction) RESOLUTION N0. 101.57 Be It Resolved by the City Coun• cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 86.57 which was duly passed by this Council, for the con- struction of an eight (8) inch sani- tary sewer beginning at the exist- ing manhole at the intersection of Marmora Avenue and Pennsyl- vania Avenue, thence westerly 51.53' on Pennsylvania Avenue, thence northerly through Flora Park to Lot 1 of Merfeld Place, thence northerly through Lot 1 of Merfeld Place to Merfeld Lane, thence easterly on Merfeld Lane to the easterly property line of the West r/z of Lot 1 of 3 of Wilson Dubuque, thence 145' southerly from the intersection of Montana Street and Merfeld Lane, and thence northerly on Montana Street from the intersection of Montana Street and Merfeld Lane to the southerly property line of Wilbricht Lane, and thence 200' westerly. from the center line of Montana Street through Lot 1.1 of Lot 8 and 9 of Wilson's Dubuque, be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the improvements, whether such prop- erty abut upon the same or are adjacent thereto, according to the area thereof and in proportion. to the special benefits conferred, and any deficiency will be paid out of the sewer funds of the city. Pay- ment will be made to the contrac- tor out of funds realized from the sale of bonds or with Sewer Bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed 45 cal- endar days after notice to proceed is issued, Be It Further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 3rd day of June, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY E. KOLB LEO N. SCHUELLER CHARLES A, KINTZIlVGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. 220 Regular Session, June 3, 1957 Proof of Publication, certified to by the Publisher, of notice of Pen- dency of resolution of necessity for public improvements and hearing upon proposed plans and specifica- tions, form of contract and cost of improvements for the construction of an eight (8) inch sanitary sewer in Chaney Road beginning at the existing manhole at the intersec, tion of Pennsylvania Avenue and Ohio Avenue, thence easterly to the intersection of Chaney Road and Pennsylvania Avenue, thence northerly 132325 feet on Chaney Road, presented and read, Coun- cilmen Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for public hearing, (Necessity for Improvement) RESOLUTION N0. 90.57 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundaries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as• sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount there- . of which is estimated to be as- sessed against each lot, for the construction of an eight (8) inch sanitary sewer in Chaney Road be- ginning at the existing manhole at the intersection of Pennsylvania Avenue and Ohio Avenue, thence easterly to the intersection of Cha- ney Road and Pennsylvania Ave- nue, thence northerly 1323.25 feet on Chaney Road. Be It Therefore Resolved that the City Council on its own mrtion or upon petition of property own- ers, deems it advisable and neces- saryfor the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk ob- jections to the amount of the pro- posed assessments, they shall be deemed to have waived all objec- tions thereto, Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of the sewer funds: Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The railway portion of any street or assessment district shall be assessed to and paid by the railway company, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of May, 1957. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 3rd day of June, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Regular Session, June 3, 197 22j. Yeas-Mayor Dove, Councilmen improvement be made a matter of Kintzinger, Kolb, Schueller, Welu, permanent record in connection Nays-None. with said improvement, Decision of Council upon object Passed, adopted and approved Lions to plans, specifications, this-3rd day of June, 1957. form of contract and cost of im- CHARLES E. DOVE provements. Mayor RESOLUTION N0. 102.57 CLARENCE P, WELU Whereas, proposed plans and RAY F. KOLB LEO N, SCHUELLER specifications and form of contract CHARLES A. KR~TZINGER for the construction of an eight (8) Councilmen inch sanitary sewer in Chaney Attest: LEO F, FROMMELT Road beginning at the existing City Clerk manhole at the intersection of Councilman Kolb moved the Pennsylvania Avenue and Ohio adoption of the resolution. Second- Avenue, thence easterly to the in- ed liy Councilman Welu. Carried tersection of Chaney Road and by the following vote; Pennsylvania Avenue, thence ~, yeas-Mayor Dove, Councilmen northerly 1,323.25 feet on Chaney Kintzinger, Kolb, Schueller, Welu, Road, have been approved by the Nays-None. City Council of the City of Du- buque and public notice given as (®rdering Construction) provided by Chapter 23 of the RESOLUTION N0. 103.57 Code of Iowa, 1950, pertaining to Be It Resolved by the City Coun- public contracts and bonds, and the ', cil of the City of Dubuque that time and place fixed far the hear- ~ pursuant to a resolution of neces- ~ ing of all objections to said plans, sity No. 90.57 which was duly specifications or contract for or passed by this Council, for the con- cast o£ such improvements, said struction of an eight (8) inch sani- time being this 3rd day of June, tary sewer in Chaney Road begin- 1957;. and ping at the existing manhole at Whereas, the City Council met the intersection of Pennsylvania in regular session this 3rd day of ' Avenue and Ohio Avenue, thence June, 1957, at 7:30 o'clock P,M, at ' easterly to the intersection of Cha- the Council Chambers in the City ney Road and Pennsylvania Ave- Hall for the purpose of hearing all ' nue, thence northerly 1,32325 feet interested parties and considering ' on Chaney Road, be and the same any and all .objections which have are hereby ordered and construct- been filed to the proposed plans, ed by this Council upon its own specifications or contract for or motion and with or without the pe- cost of the improvement herein de- tition of property owners. All the scribed and proposed to be made; work shall be constructed in ac- and cordance with the plans and speci- Whereas, all interested parties fications heretofore adopted and have been given an opportunity . now on file in the office of the to be heard and all objections City Clerk, which have been duly weighed and Be It Further Resolved that the considered; now, therefore cost and expense of the said im- Be It Resolved by.the City Coun- provements be paid for by levying cil of the City of Dubuque, that all special assessments against the objections which have been made privately owned property lying and filed to the plans, specifica- within the assessable distance from tions, contract for or cost of said the .improvements, whether such improvement herein .described and property abut upon the same or proposed to be made, be and the are adjacent thereto according to same hereby. overruled and such the area thereof and in proportion plans; specifications and form of to the special benefits conferred, contract heretofore approved are and any deficiency will be paid out hereby adopted, of the sewer funds of the city, Pay- Be It Further Resolved that this went will be made to the contrac- resolution containing the decision for out of funds realized from the of this Council upon all objections sale of bonds or with Sewer Bonds which have been filed to the plans, to be issued in anticipation of de- specifications and form of cost said . ferred payments of assessments as 222 Regular Session, June 3, 1957 provided by law after the work has been completed and accepted by the City Council, Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed 30 calendar days after notice to proceed is is- sued, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council, Passed, adopted and approved this 3rd day of June, 1957. CHARLES E, DOVE .Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. June 3, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; Herewith submitted for your consideration is a plat of Hen- schel's Subdivision, a subdivision in the City of Dubuque. This subdivision has been ap- proved by the Planning and Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy. Councilman Kolb moved that the communication be received and filed, Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, RESOLUTION N0.104.57 Resolution Approving Plat of Henschel's Sub, Whereas there has been filed with the City Clerk a plat in which Lot 2 and Lot 3 of City Outlot 687 in the City of Dubuque, Iowa is platted as Lot's 1 to 5 inclusive Henschel's Subdivision in the City of Dubuque, Iowa and, Whereas said plat has been ex• amined by the City Plan Commis• sion and had its approval endorsed thereon; and, Whereas said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 3rd day of June A.D., 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KRVTZINGER Attest: LEO F, FROMMELT Councilmen City Clerk Councilman Kolb moved the adoption of the resolution, Second• ed by Councilman Schueller. Car- ried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, RESOLUTION N0. 105.57 Preliminary approval of the pro- posed plans, specifications, form of contract, and all other documents for the improvement of East 6th Street from the East Property. Line of White. street to West Track (Spur) of the Chicago, Milwaukee, St. Paul & Pacific Railroad Co., with concrete paving and integral curb and storm sewer, at an esti- mated cost of the Paving of $14,699.70 and the storm sewer $3282.50, presented and read. Councilman Welu moved: the adoption of the resolution. Second- { i Regular Session, June 3, 1957 223 ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION NO. 106.57 Whereas, proposed plans, speci- fications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; i. The streets to be improved, 2, The width of such improve- ment and the size and kind of sewers, 3, An estimate of the cost of the proposed improvement, stating the same far each dif- ferent type of construction and kind of material to be used, Improvement of East Sixth Street from the East Property Line of White Street to the west track of the Chicago, Milwaukee, St, Paul and Pacific Railroad Company, with concrete paving and integral curb and storm sewer. Be It Therefore Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the im- provement, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve• emnt will be paid for by the abut- ting property owners at the com- pletion of the improvement as agreed upon by attached letters, The storm sewer portion of the im- provement will be paid for by the City from the sanitation fund, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this. 3rd day of June, 1957, Approved and placed on file for final action, CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; LEO F. FROMMELT Councilman Welu moved approv al of the resolution and that same be placed on file with the City Clerk, at least one week for public inspection. Seconded by Council- man Schueller, Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, (Fixing date of hearing) RESOLUTION N0. 107.57 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 105.57 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the improve- ment of East Sixth Street from the East Property Line of White Street to the west track of the Chi- cago, Milwaukee, St, Paul and Pa• ci8c Railroad Company, with con- crete paving and integral curb and storm sewer, and Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now an file in the City. Clerk's office for public inspection, Be It Therefore Resolved that on the 1st day of July, 1957, a public hearing will be held at 7:30 o'clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of property may appear and make objection to the proposed plans and specifica- tions and proposed form of con- tract to the cost of the improve- ment,. and to the. passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in same news- paper published ih the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- L ~,. 1 X24 Regular Sessio less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the improvement, they shall have been deemed to have waived all objections there- to, at which hearing the Council will hear such objections and enter on record its final decision there- on. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on or before thirty days after Notice to Proceed is issued. Passed, adopted and approved this 3rd day of June 1957. CHARLES E, DOVE Mayor CLARENCE P, WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KIlVTZINGER Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Reuben H. & Theresa J. Grill, owners of Lot 1 of Lot 4 of Highland Park Subdivision, and Delbert and Joan Miller, owners of Lot 2 of Lot 4 of Highland Park Subdivision submitting and re- questing approval of the plan of division into. Lots 1 and 2 so that the lien against either of said Lot 1 or Lot 2 may be discharged by payment of the amount unpaid calculated by the ratio of square feet in area of the respective lots to the area of the whole lot, rela- tive to the filing of proposed spe- cial assessments for curb and gut- ter on Woodlawn street, presented and read, Councilman Welu moved that the petition be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. n, June 3,1957 RESOLUTION N0. 106.57 Whereas Reuben H, Grill and Theresa J. Grill, as owners of Lot 4 in Highland Park, a Subdivision in the City of Dubuque, Iowa, have presented a plat to, the City Coun- cil, in accordance with Section 391.63 of the Code of Iowa, sub- dividing said lot into Lots 1 and 2 and asks that the lien for the improvement of Woodlawn Street with curb and gutter attach to each of said lots in the manner pro• vided by said Code Section; Now Therefore, Be It Resolved by the City Council of the City of Dubuque; Section 1. That the plat of the subdivision of Lot 4 of Highland Park in the City of Dubuque into Lots One and Two thereof, be and the same is hereby approved; Section 2. That the owners of said prpperty may discharge the lien for the improvement of Wood- lawn Street by curb and gutter by, payment of the amount unpaid, or hereafter levied, calculated by the ratio of square feet in area of each lot to the area of Lot four; Section 3. That the City Clerk be and he is hereby authorized and directed to file a certified copy of this Resolution in the office of the County Auditor of Dubuque County. Passed, adopted and approved this 3rd day of June, A,D, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KIIVTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of J, Allen Wal- lis Jr, requesting that Bond No. 28210-1&714-56 be released and submitting in lieu thereof two Contractor's Improvement Bonds executed by Mulgrew Blacktop for" street surfacing and Thomas Flynn Coal Company for curb and gut- ter and storm sewer in Indian Regular Session, June 3, 1957 225 Hills Subdivision, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. May 15, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At a meeting of the Dubuque Planning & Zoning Commission May 14, 1957, .said Commission granted "Final Approval" to .the second section of Indian Hill Sub- division consisting of blocks No, 5, No, 6 and No, 7 of same as shown on plat of such subdivision, and wishes respectfully to advise Your Honorable Body accordingly, Yours truly, Dubuque Planning & Zoning Commission By Richard V. McKay, Secy, Councilman Welu moved that the communication be received and filed. Seconded by Councilman Kalb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb; Schueller, Welu. Nays-None, RESOLUTION N0. 109.57 Whereas there has been filed with the City Clerk a plat. in which Lot 1 of Lot 1 of Lot 1 of Lot i of Lot 2 of Lot 1 and Lot 2 of Lot 1 of Lat 1 of Lot 1 of Lot 2 of Lot 1 all in Faldorf's Place in the City of Dubuque, Iowa, is platted as Black 5, Block 6 and Block 7 in Indian Hills in the City of Dubuque, Iowa; and Whereas said plat has been ex- amined by the City Planning Com- mission and had its approval en- dorsed thereon; and Whereas upon said plat appears streets to be known as "Arrow- head Drive" and "Wapello Place" and also easements for public util- ities which the owners upon said plat have dedicated to the public forever; and Whereas said plat has been ex- amined by the City Council and they find that the same conforms to the Statutes and Ordinances re- lating thereto except that grades have 'not been established, the streets brought to grade, or paving, sewer or water installed; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa; Section 1. That the dedications of "Arrowhead Drive" and "Wa- pello Place," together with the easements for public utilities; as the same appear upon said plat, be and the same are hereby accepted; Section 2, That the plat of the subdivision of Lot 1 of Lot i of Lot I of Lot 1 of Lot 2 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1, all in Faldorf's Place in the City of Dubuque, Du- buque County, Iowa, which will hereafter be known as Block 5, Block 6 and Block 7 in Indian Hills in the City of Dubuque, Du• buque County, Iowa, be and the same is hereby approved and the Mayor and Clerk are hereby au- thorized and directed to endorse the approval of said City upon said plat, provided the owners of said property, J. Allen Wallis, Jr, and Marijane S, Wallis, execute their written acceptance hereto attached, agreeing; a. To reduce all streets to grade as shown by the profiles sub- mitted with the plat; b. To surface Arrowhead Drive and Wapello Place for a width of thirty feet (30') from curb face to curb face with six inch (6") rolled stone base, and two and one-half inch (21/z") hot mixed, hot laid, bituminous concrete surfacing and con- crete curb and gutter as shown in City of Dubuque Standard Curb and Gutter Section; c, To install sanitary sewers in ac• cordance with plans submitted with the plat; d, To install storm sewers in ac- cordance with plans submitted with the plat; e. To install water mains in ac- cordance with plans submitted with the plat; f, To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager, under the inspection of the City Engineer and in a manner approved by the City Manager; g. To maintain the street improve- ments for a period of four (4) years from the date of their acceptance and to maintain the 226 Regular Sessio storm and sanitary sewers for a period of two (2) years from the date of their acceptance; h. To construct said improvements prior to November 1st, 1958; and further provided that the said J. Allen Wallis, Jr, and Marijane S. Wallis, as owners of said sub- division secure the performance of the foregoing conditions with a surety bond in such amount and with such sureties as may be ac- ceptable to the City Manager, n, June 3, 1957 RESOLUTION N0. 110.57 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the following applications be grant- ed and licenses are to be issued upon the compliance with the terms of the ordinances of this City, Section 3. That in the event the said owners shall fail to execute the acceptance and provide the bond required in Section 2 hereof within forty-five (45) days from the date of this Resolution the provi- sions hereof shall be null and void and the acceptance of the dedica- tion and approval of the plat shall not be effective. Passed, adopted and approved by unanimous roll call vote June 3, 1952 CHARLES E, DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZIlQGER Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu, Nays-None. To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Reso- lution No. 109-57 has been provid- ed by subdivider. Dated at Dubuque, Iowa, this 11th day of June, 1957. L. J. SCHILTZ, City Manager Acceptance of Resolution No. 109.57 J. Allen Wallis Jr, and Marijane S, Wallis with full knowledge and understanding of all the terms and conditions of Resolution No. 109-57 hereby accept the same as adopted and agree to abide by, comply with and carry out all of the terms and conditions thereof, Executed this 11th day of June, 1957. J. Allen Wallis Jr. Marijane S, Wallis CLASS "B" PERMIT Mrs. Bernice Kunz, 236 West 1st Street Mrs, Josephine Burke, 1091 Main Street Mrs, Jane Hartshorn, 574 East 16th Street Carl M. Herburger, 2987 Jackson Street Thomas J, Collins, 53 Wost 12th Street Noah McNamer, 216 West 1st Street Fred Ansel, Jr., 600 Central Ave- nue Paul Schollmeyer, 176 Locust Street Harald A, Manhart, Jr., 1200 Iowa Street Leo F. Link, 1487 Central Avenue Harry N, and Lucile Gantert, 1301 Rhomberg Avenue Mrs, Clara M, Reuter, 3050 Asbury Street Dell and Ralph Warren, 1700 Cen- trat Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Knights of Columbus, 781 Locust Street CLASS "C" PERMIT Ernest Latham, 1499 Jackson Street R, Daniel Winders, 2204 Central Avenue Eagle Dubuque Inc., 1800 Elm Street The Kroger Company, 270 West 7th Street Posed, adopted and approved this 3rd day of June, 1957.. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KIlVTZINGER Councilmen Attest: LEO F, FROMMELT City Clerk , Councilman Kolb moved the adoption of the resolution, Second- i i Regular Sessio ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 111.57 Whereas, heretofore applications far Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be o~- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by .the City Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit, CLASS "B" PERMIT Mrs. Bernice Kunz, 236 West 1st Streef Mrs. Josephine Burke, 1091 Main Street Mrs. Jane Hartshorn, 574 East 16th, Street Carl M. Herburger, 2987 Jackson Street Thomas J. Collins, 53 West 12th Street Noah McNamer, 216 West 1st Street Fred Ansel, Jr,, 600 Central Ave- nue Paul Schollmeyer, 176 Locust Street Harold A, Manhart, Jr., 1200 Iowa Street Leo F, Link, 1487 Central Avenue Harry N, and Lucile Gantert, 1301 Rhomberg Avenue Mrs. Clara M. Reuter, 3050 Asbury Street Dell and Ralph Warren, 1700 Cen- tral Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Knights of Columbus, 781 Locust Street CLASS "C" PERMIT Ernest Latham, 1499 Jackson Street R. Daniel Winders, 2204 Central Avenue Eagle Dubuque Inc., 1800 Elm Street The Kroger Company, 270 West 7th Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. n, June 3, 1957 227 Passed, adopted and approved this 3rd day of June, 1957. CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Mayor Dove moved the approval of the recommendation of the City Manager and all department heads relative to the inspections made and condition reported of the building known as 610.612 Uni- versity Avenue and located on Block One of Beadle Place, awned by George B. Duscher. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor. Dove; Councilmen Kintzinger, Kolb, Schueller, 19e1u. Nays-None. RESOLUTION N0. 112.57 Whereas the City Manager has reported to the City Council that the building known as 610-612 Uni- versity Avenue and located on Block One of Beadle Place in the City of Dubuque, Dubuque County, Iowa, is dangerous to life and health because of its condition and that demand has been made by him upon George B. Duscher as owner of said property that the condition complained of be cor- rected and that said owner has failed to correct the condition within the time provided in the notice; and Whereas on March 25, 1957 the City Council set said report down for hearing at 7:30 o'clock P,M, May 6th, 1957 in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque Coun- ty, Iowa and directed the City Clerk to give notice of said hear- ing; and Whereas it appears by the re• turn of service now on file in the records of the City Council that notice of said hearing was given by serving George E, Duscher and 228 Regular Session, June 3, 1957 Anna Duscher personally on March Passed, adopted and approved 28, 1957 and by publication in the this 3rd. day of June, 1957. Telegraph Herald newspaper on CHARLES E. DOVE April 1st, 1957; and Mayor Whereas pursuant to said notice CLARENCE P. WELU and order of the City Council pub- RAY F, KOLB lic hearing was held at 7:30 o'clock LEO N. SCHUELLER P.M, on May 6th, 1957 in the City CHARLES A. KIlVTZINGER Council Chamber in the City Hall Councilmen in the City of Dubuque, Iowa, at Attest: LEO F. FROMMELT which time the said George E, City Clerk Duscher and Anna Duscher, as Councilman Kintzinger moved owners of the above described real the adoption of the resolution. Sec- estate were afforded an opportun• onded by Councilman Welu. Car• ity to be heard and witnesses con- ried by the following vote: cerning the condition of the prop- Yeas-Mayor Dove, Councilmen erty and the hazard were heard; Kintzinger, Kolb, Schueller, Welu. and Nays-None. Whereas the Council has duly Communication of Dubuque Jun- considered the testimony of the for Chamber of Commerce sub- witnesses and viewed the premises mitting a box of cards, showing the and has reached its determination; results of a survey conducted by Now Therefore, Be It Resolved them relative to the inauguration by the City Council of the City of of Daylight Saving Time for the Dubuque: City of Dubuque, signifying 3480 Section 1. That the structure 'Persons for and 891 against the Proposition. known as 610-612 University Ave• nue and located on Lot One of Bea• Mr. Richard Winter, President dle Place in the City of Dubuque, of the Junior Chamber, addressed Dubuque County, Iowa, be and the the Council by stating that they same is hereby found and declared did not take a stand on the project I to be dangerous to life, health and I ,but merely agreed to do a public property and a nuisance; 'service in helping to conduct the Section 2, That the City Man- survey on the question of Daylight tiger be and he is hereby author- Saving Time, ized and directed to cause the Mayor Dove was of the opinion structure known as 610.612 Uni- that the matter of Daylight Saving versity Aveneu and located on Lot 'Time is being brought up rather One of Beadle Place in the City 'late for this year and that the of .Dubuque, Dubuque County, ', Council has no power to legislate Iowa, to be vacated and there- ', on the matter of time. after to cause the same to be dis• ' Petition of James J. Gruber etal mantled and removed; and a group of about 130 business Section 3. That upon completion firms requesting the encourage- metn and solicitation of the City of said work the City Manager Council to adapt an Ordinance shall certify the cost thereof to placing Dubuque on Daylight Sav the City Clerk; ing Time, presented and read. Section 4. That upon receipt of Petition of W, H, VanNest et al said certificate of cost from the requesting that Daylight Saving City Manager, the City Clerk shall Time be inaugurated shortly. and. thereupon certify said cost to the kept in force until September 2, County Auditor of Dubuque Coun- 1957, presented and read, ty, Iowa and it shall be collected Petition of Robert Mueller et al with and in the same manner as requesting that Daylight .Saving general property taxes; Time be inaugurated shortly: anti Section S. That the City Clerk kept in force until September 2, be .and he is hereby directed to 1957, presented and read, After a record a certified copy of this lengthy discussion on the matter Resolution in the office of the of Daylight Saving Time Council- County Recorder of Dubuque Coun- man Kolb moved that we move: the ty, Iowa and file a certified copy City Hall clocks ahead one hour. thereof in the office of the County The motion was lost for lack of a Auditor of Dubuque County, second. Councilman Welu moved t i 1 t Regular Session, June 3, 1957 that the petitions presented here tonight be turned over to the Coun- cil for study and report. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. There being no further business Councilman Welu moved to ad- journ. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. LEO F, FROMMELT City Clerk Approved ................................1957. Adopted ..................................1957. Councilmen . ...................................... Attest :.............................................. City Clerk 2~s r 230 Special Session, June 13, 1957 (OFFICIAL) Special Session, June 13, 1957. Council met at 4:15 P.M. Present-Mayor Dove, Council- men Kintzinger, Kolb, Schueller, Welu. City Manager Schiltz. Meet- ing called by order of Mayor Dove, Mayor Dave read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of taking action on Daylight Saving Time for the City of Dubuque, as the result of petitions previously submitted to the Council for study and report at their last regular meeting of the City council, A review of the matter of Day- light Saving Time was taken up showing a count of straw votes re- ceived at 3954 for DST and 1310 against. RESOLUTION NA. 113.51 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the official time for the City of Dubuque, for all purposes of the operation of the City Government, including the parking regulations, office hours, and hours of sitting of police Court, shall be Central Daylight Saving Time, which is one hour earlier than Central Standard Time, from two A,M, on June 16, 1957 to two A.M, on September 29, 1957; Section 2. That the Mayor is hereby authorized and directed to issue a Proclamation inviting the citizens of the City of Dubuque and its environs to observe Day- light Saving Time during the above period. Passed, adopted and approved this 13th day of June, A.D. 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kintzinger stated that apparently those that were in• terested in the changing of the City Clocks. have definitely ex- pressed themselves. However he was not satisfied that changing the City's clocks is good far the com• munity, but the Council must be governed by the mandate of the citizens. The Council has no power to legislate on this subject, No doubt the majority of the citizens will follow the example of the City by setting their clocks ahead one hour at the specified time. Coun- cilman Welu concurred in Council- man Kintzinger's remarks. Council- man Welu moved that at the next Municipal election the City Clerk and City Solicitor prepare a ballot to conform with this type of ref- erendum. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. MAYOR'S PROCLAMATION Whereas the City Council of the City of Dubuque has, by Resolu• tion No. 113.57, adopted June 13, 1957, established Daylight Saving Time as the official time of the City of .Dubuque for the period from two A.M., June 16, 1957 to two A.M,, September 29, 1957; and Whereas by said Resolution the City Council has authorized and di• rected me, as Mayor, to issue a Proclamation pursuant thereto, Now Therefore, I, Charles E. Dove, Mayor of the City of Du- buque, Iowa, do hereby proclaim that Central Daylight Saving Time, (which is one hour earlier than Central Standard Time) shall be observed as the official time in the City of Dubuque for all official purposes, including the hours of parking regulations, office hours and the time of sitting of Police Court from two A.M,, June 16, 1957 to two A,M,, September 29, 1957, and do hereby invite and urge the citizens and residents of the City of Dubuque and its environs to likewise observe Daylight Saving Time during said period, CHARLES E. DOVE Mayor T i Special Session; June 13, 1957 231 Petition of J. Allen Wallis Jr., SIDEWALK resubmitted for action relative to Merchants Mu- John Freiburger the release of Bond No, 28210.12- , 714-56, and submitting in lieu tual Bonding Co. thereof two contractor's improve- metn bonds, one from Thomas HEATING Flynn Coal Company for curb and gutter and storm sewer and Harry E. Lewis, Western Surety one from Mulgrew Blacktop for Company the construction of asphalt con- Curtis-Straub Co,, Central Surety Crete pavement, in Indian Hills ' & Ins. Corp. Subdivision, presented and read. Fred Schonenthal,-Maryland Cas- Councilman Schueller moved that ' ualty Co. the request for release of the bond be granted. Seconded by Council- ' TAXICAB man Welu. Carried by the follow- ing vote; Robert T. Zahina, d/b/a Diamond Yeas-Mayor Dove, Councilmen Cab Company, Policy No. AC Kintzinger, Kolb, Schueller, Welu, EE26331, National Indemnity Nays-None. Co, Petition of Dubuque Sports Bowl Corporation, requesting permission EXCAVATION to hold a fireworks display on City D. R. Penney Company, Policy No. Island on July 4, 1957, presented A 393018, Standard Accident Ins. and read. Councilman Schueller Co. moved that the request be grant- ed providing it is done under prop- er supervision, Seconded by Coun- BLASTING cilman Welu. Carried by the fol- John G. Schiltz, Continental Cas• lowing vote: ualty Co. Yeas-Mayor Dove, Councilmen Schueller, Welu. Kintzinger Kolb D, R. Penney, d/b/a D, R. Penney , , Nays-None. Company, Standard Accident Ins. Co, Petition of Schiltz Construction Respectfully submitted Co., requesting permission to do , necessary blasting at 1005 Dodge L. J, SCHILTZ, street, presented and read. Coun- City Manager Gilman Schueller moved that the Councilman Kolb moved that the request be granted, Seconded by bonds and policies be filed sub- Councilman Welu. Carried by the ject to the approval of the City following vote: Solicitor. Seconded by Councilman Yeas-Mayor Dove, Councilmen Welu. Carried by the following Kintzinger, Kolb, Schueller, Welu, vote: Nays-None, Yeas-Mayor Dove, Councilman June 13, 1957 Kintzinger, Kolb, Schueller, Welu. To the Honorable Mayor Nays-None. and City Council, Councilman Welu moved that Dubuque, Iowa a resolution of condolence be pre- Gentlemen: pared relative to the passing of This is to advise that I have ap- F. W. Thompson, a former mayor proved the following bonds and' of the City, and a copy sent to the policies and desire to have your family of the deceased. Second by approval on same for filing, sub- Councilman Schueller, Carried by jcet to the approval of the City', the following vote; Solicitor. Yeas-Mayor Dove, Councilmen PERSONAL Kintzinger, Kolb, Schueller, Welu, Kenneth Baule, Clerk of Police' Nays-None. Court, Central Surety & Ins, There being no further business Corp, Councilman Kolb moved to ad• Helen Timmerman, Clerk in City ': journ. Seconded by Councilman Water Dept., Merchants Mutual Welu, Carried by the following Bonding Ca, vote; ~~'~ 232 Special Session, June 13, 1957 Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. LEO F, FROMMELT City Clerk Approved ..............:...............1957. Adopted .................................1957. Councilmen ..........................:........... ...Attest; ,,,,,,,,,,,,, ......,..,.. City Clerk T Regular Sessi~ OFFICIAL Regular Session, July 1, 1957. Council met at 7:30 P.M. Day, light Saving Time, Present-Mayor Dovo, Council- men Kintzinger, Kolb, Sehuell~er, Welu. City Manager Schiltz, Absent-Councilman Schueller. Mayor Dove stated that this is the regular monthly meeting of the City Council #or the purpose of acting upon such business as may properly come before the meeting, - June 4, 1957 To the Honorable Mayor and Gity CAnncil Dubuque, Iowa Gentlemen: I am attaching herewith a copy of the audit report of the City of >lubuquo for the year 1956. This report has been forwarded to the State Auditor for his in#armation. Respectfully submitted, L. J. 5CHILTZ, City Manager Councilman Kolb moved that the report be received and filed, Sec• ended by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove; Councilmen Kintzinger, Kolb, Welu. Nays•~-None, Absent-Councilman Schueller. June 13, 1957 Tp the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasur• er, City Health Department and the City Water Works .for the month of May, as well as a list of claims and list of payrolls for which warrants were issued for the month of May, 1957. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kolb moved that the reports be received and filed. Sec- andod by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Dgve, Councilmen Kintzinger, Kolb, Welu. Nays-None. Absent-Councilman Schueller. Proof of publication, certified to by the Publisher, of Statement of ~n, July 1,1957 233 Receipts and a list of claims far which warrants were drawn during the month of May, 1957, presented and read, Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Weiu, Nays-None. Absent-Councilman Schueller. July 1, 1957 To the Honorable Mayor and City Council, Dubuque, Towa Gentlemen: This is to advise that I have ap• proved the following bonds and policies and desire to have your approval on same for filing, sub- ject tp the approval of the City Solicitor: EXCAVATION Donovan Construction Co., et al., Policy No, R L C 023389; Royal In- demnity Company. John Jones and Donald Gehl, Policy No. MC 49909, Wolverine In• surance Company, Karl F, Hoffman, d/b/a Tri State Excavating Co., Policy No, MCL 3893, Dubuque Fire & Marine Ins. Co, H. M. Steger and F. T. Steger, d/b/a Steger Construction Co., Policy No. XP201988, Tho Fidelity and Casualty Co, of N,Y, HEATING McCarten Plumbing. and Heating, Bond No. 72 77 24 SA211707, In- demnity Insurance Co, of N.A, Alex Kollar, Bond No. 656446.57, Western Surety Company, Delbert J. Howe, d/b/a Howe's Gas Installation Service, Bond No, 659678-57, Western Surety Compa- ny. Braconier Plumbing & Heating Company, Fireman's Fund Indem- nity Ca SIDEWALK Leonard Timmerman, d/b/a Tim- merman Construction Co.; The Travelers Indemnity Co. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the bonds anal policies be filed sub• joct to the approval of the City Solicitor. Seconded by Councilman